OpenLegislation

Regulation 3.C.7 Effect of member being absent or leaving and rejoining this Section of the Scheme during the contribution option periodF1F3C1

England and Wales

(1)

This paragraph applies if during the contribution option period a member who has exercised the option under regulation 3.C.6—

(a)

is absent from work because of illness or injury,

(b)

is on maternity leave,

(c)

is on adoption leave,

(d)

is on paternity leave,

(e)

is on parental leave F2, shared parental leave or parental bereavement leave, or

(f)

is on a leave of absence of the kind mentioned in regulation3.A.4(3).

(2)

If paragraph (1) applies—

(a)

the contributions under the option continue to be payable unless the member ceases paying contributions under regulation 3.C.1, and

(b)

if the member does so cease, the member may continue to make contributions in accordance with the option if the member resumes making contributions under regulation 3.C.1 before the end of the period of 12 months beginning with the day on which the member first ceased to pay those contributions.

(3)

This paragraph applies if—

(a)

a member exercises the option under regulation 3.C.6,

(b)

the member ceases to be an active member during the contribution option period, and

(c)

the member becomes an active member again before the end of the period of 12 months beginning with the day on which the member ceased to be an active member.

(4)

If paragraph (3) applies, the member may continue to make contributions in accordance with the option after becoming an active member again unless a repayment of contributions has been made to the member under regulation 3.C.16.

(5)

For the purposes of paragraph (4) it does not matter whether the member has paid any of the repaid contributions back to the Secretary of State.

Annotations

Textual amendments

F1

Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

F2

Words in reg. 3.C.7(1)(e) substituted (6.4.2020) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2020 (S.I. 2020/354), regs. 1, 18(11)

F3

Words in reg. 3.C.7 heading inserted (1.10.2009) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), reg. 1(2), Sch. 2 para. 1

Modifications

C1

Regs. 3.C.6-3.C.13 continued (1.4.2015) by The National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015 (S.I. 2015/95), regs. 1(b), 23(2)(a)(3)(b)(ii)